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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70208
Experience:  Over 5 years in practice
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We have an ex landlord who is over days in returning our deposit.

Resolved Question:

We have an ex landlord who is over days in returning our deposit. Also he has received by our error 2 months extra rent, as I did not cancel the standing order. How do we get our money back? The ex landlord is also a solicitor
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was this agreement an AST?
Customer: replied 1 year ago.
What is an AST? please Jo
Expert:  Jo C. replied 1 year ago.
Assured shorthold tenancy agreement.
Customer: replied 1 year ago.
We lived in the property for over 5 years. We only ever signed a 12 month contract he wouldn't let us sign another when we asked.
Expert:  Jo C. replied 1 year ago.
Ok. Is he saying he will not return it?
Customer: replied 1 year ago.
He's not replied to our emailed letter asking for our deposit back. I sent him a text this morning asking for the 2 months rent that had been paid into is account by mistake (totalling £1700) to be paid back into my account by 5pm tomorrow. His answer was "Will look into it"
Expert:  Jo C. replied 1 year ago.
OK.
If this was an AST then the deposit should have been in a scheme and you can always complain to them. However, that doesn't recover the overpayment.
Therefore, I wouldn't bother with that. I would just sue him. Send him one letter giving him 28 days to make payment of the deposit and the overpayment. Make clear that if he does not you will sue him at the small claims court and seek costs and interest.
If that is fruitless then issue against him here
www.moneyclaim.gov.uk
It is not likely to come to that though. He will not wait to be sued.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Heres the letter I sent regards ***** ***** the deposit. Can I just not go straight to suing him?
Expert:  Jo C. replied 1 year ago.
I wouldn't suggest it.
It doesn't give him an accurate end date or proper warning.
Customer: replied 1 year ago.
Ok I shall draft a proper letter. He also gave out our new telephone number to his new tenant who rangme threatening me not to go round to check if any of post had turned up by mistake (it has been redirected)
Expert:  Jo C. replied 1 year ago.
Yes, that is what I would do.
Give him a clear end date and make clear you will sue in default.
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